HomeMy WebLinkAboutRERECORDED TO REPLACE EXHIBIT B 1414-21 Tibbett's Small COMP Plan AmendmentINSTR# 2021049908 OR BK 10299 PG 1185 Page 1 of 8
03/12/2021 09:29 AM Rcpt: 2272347 Rec: 69.50 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
RERECORD TO REPLACE EXHIBIT B
ORDINANCE NO. 1414-21
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA
PROPOSING AN AMENDMENT TO THE CITY'S COMPREHENSIVE
PLAN, PROVIDING FOR A SMALL-SCALE COMPREHENSIVE PLAN
AMENDMENT TO THE FUTURE LAND USE MAP CHANGING FROM I
(INDUSTRIAL) TO MU (MIXED USE) AND THE ZONING
DESIGNATION FROM LI (LIGHT INDUSTRIAL) TO PUD (PLANNED
UNIT DEVELOPMENT) FOR APPROXIMATELY 9.167 ACRES OF REAL
PROPERTY LOCATED SOUTH OF CHANCEY ROAD AND AT THE
TERMINUS OF COPELAND DRIVE AND HAVING RE# 24-26-21-0000-
00100-0060 COMMONLY REFERRED TO AS THE TIBBETTS
PROPERTY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapters 125 and 163 Florida Statutes, authorize the City Council of the City
of Zephyrhills to prepare and enforce a Comprehensive Plan for the development of the City; and
the City Council desires to amend the City of Zephyrhills' Comprehensive Plan as it related to
Policy TRA -1-3-4 of the Transportation Element; and
WHEREAS, the City Council has determined that the proposed amendment meets the
criteria for a Large -Scale Comprehensive Plan Amendment pursuant to Section 163.3184, Florida
Statutes, and the Zephyrhills Comprehensive Plan; and
WHEREAS, the Zephyrhills Planning Commission has reviewed the proposed
amendment and has recommended approval by the City Council; and
WHEREAS, the Local Planning Agency, on December 15, 2020, held a public meeting
on the proposed amendment to the Comprehensive Plan with due public notice, pursuant to Section
125.55(2), Florida Statutes, and recommended approval to the City Council; and
WHEREAS, based upon the recommendations of the Zephyrhills Planning Commission
to the City Council, said Council has prepared the amendment to the City's Comprehensive Plan;
and
WHEREAS, the proposed Future Land Use Map amendment meets the criteria of a large-
scale Future Land Use Map amendment and is consistent with the goals, objectives and policies
of the Comprehensive Plan; and
WHEREAS, the City Council has determined that the MU (Mixed Use) future land use
classification would be appropriate, would promote the general welfare, and would encourage
proper development within the City; and
WHEREAS, the City Council has determined that the PUD (Planned Unit Development)
Zoning Designation would be appropriate, would promote the general welfare, and would
encourage proper development within the City and conform to the City's vision for this area by
providing for specific commercial, office and industrial uses; and
WHEREAS, the City Council desires to hereby formally adopt the amendment to the
City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida, as follows:
Section 1. The Whereas Clauses above are true and accurate and are incorporated by reference
and made a part of this Ordinance.
Section 2. This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the
home rule powers of the City.
Section 3. The following described lands, lying and being situated in the City of Zephyrhills, to
wit:
-1-
OR BK 10299 PG 1186 Page 2 of 8
Legal description attached hereto as Exhibit "A" and by reference made apart hereof.
9.167 acres (MOL) RE# 24-26-21-0000-00100-0060 the Future Land Use Map designation is
hereby changed from I (Industrial) to City MU (Mixed Use).
Section 4. A "PUD" Plan is attached hereto as Exhibit "B" and by reference made apart hereof.
Section 5. A "Conditions of Approval" is attached hereto as Exhibit "C" and by reference
made apart hereof.
Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
Section 7. That if any section, sentence, clause, or phrase of this ordinance is held to be invalid
or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
Section 8. This Ordinance shall become effective upon passage on the second reading and
signing by, tlie- Mayor.
Tk�Z omg °Ordinance No. 1414-21 was read and passed on the first reading, in an open and
rclar meeting of they Council of the City of Zephyrhills, Florida, on this 25' day of January
2021.
fjtest•
Lbr'L. Hill _;'City Clerk arles E. Proctor, Council President
CIO
The foregoing Ordinance No. 1414-21 was read and passed on the second reading, following a
public garilg i an open and regular meeting of the City Council of the City of Zephyrhills,
Flgr4a ; on this 8th .of February 2021.
Attes /,
�L Qri`L. Hillman, City Clerk Charles E. Proctor, Council President
v-
C�p
I ,foregoing Ordi nce No. 1414-21 was approveiby this 8t'day of February, 2021.
Gened, Mayor
Approved as to legal form and legal content.
Matthew E. Magga , City Attorney
-2-
OR BK 10299 PG 1187 Page 3 of 8
1 WillallswElly
DESCRIPTION
FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHWEST CORNIER OF THE NORTHEAST 1/4 OF SECTION
24, TOWNSHIP 26 SOUTH, RANGE 21 EAST, PASCO COUNTY, FLORIDA: THENCE S.89W'36"E., ALONG THE
SOUTH BOUNDARY OF SAID NE. 1/4,33.20 FEET TO THE WEST RIGHT-OF-WAY LINE OF HIDDEN RIVER
BOULEVARD AS SHOWN ON THE PLAT OF HIDDEN RIVER PHASE ONE A, RECORDED IN PLAT BOOK 74, PAGE
101, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE N.00'23'06"E., ALONG SAID RIGHT-OF-WAY
LINE, 94.29 FEET TO A POINT LYING 300.00 FEET SOUTH (AS MEASURED AT RIGHT ANGLES) TO THE
SOUTH RIGHT-OF-WAY LINE OF CHANCEY ROAD (AKA ZEPHYRHILLS BY-PASS EAST) FOR A POINT OF
BEGINNING: THENCE CONTINUE N.00'23'06"E., ALONG SAID WEST RIGHT-OF-WAY LINE, 306.51 FEET TO
THE SOUTH RIGHT-OF-WAY LINE OF SAID CHANCEY ROAD: THENCE ALONG SAID RIGHT-OF-WAY LINE THE
FOLLOWING TWO (2) COURSES.(l) WESTERLY 531.63 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE
SOUTH (SAID CURVE HAVING A RADIUS OF 11399.16 FEET, DELTA ANGLE OF 02'40,20-, AND A CHORD
BEARING AND DISTANCE OF S.77*22'43"W., 531.58 FEET. (2) S.76 -02,33-W., 867.79 FEET TO THE
EAST RIGHT-OF-WAY LINE OF THE CSX RAILROAD: THENCE S.25'23*01"E., ALONG SAID EAST RIGHT-OF-
WAY LINE, 306.07 FEET TO A POINT LYING 300.00 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF
SAID CHANCEY ROAD (AS MEASURED AT RIGHT ANGLES TO SAID RIGHT-OF-WAY LINE); THENCE
N.76'02'33"E., PARALLEL WITH SAID SOUTH RIGHT-OF-WAY LINE, 807,15 FEET,* THENCE EASTERLY,
455.64 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH (SAID CURVE HAVING A RADIUS OF
11099.16 FEET, DELTA ANGLE OF 02'21*07", CHORD BEARING AND DISTANCE OF N.77*13'07"E., 455.60
FEET) TO THE POINT OF BEGINNING,
OR BK 10299 PG 1188 Page 4 of 8
EXHIBIT "B"
N
RADIUS. 11399.16'
ARC - 531.63'
`1 .. -CHORD-531.58' ,,.e.-.•
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LOCATION MAP
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GENERALNOTES: `\
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RADN$- 11099.1 fi'
ARC a 455.63'
CHORD -455.60'
C.6.= S.77°13'07 .
N.00°23'06°E. 94.29'
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P.U.D. PLAN.
Parcel Number.
24-2G21�0000-00100-00600 Es q m
OR BK 10299 PG 1189 Page 5 of 8
EXHIBIT"C$$
TIBBETTS- CHANCEY ROAD
PLANNED UNIT DEVELOPMENT CONDITIONS OF APPROVAL
Master Development Plan
Development shall be in accordance with the plans and information submitted J; the Land
Development Code (LDC); and the Comprehensive Plan unless otherwise stipulated or
modified herein.
Environmental
2. Applicant/developer shall provide all environmental permits as required by applicable law
3. If during construction activities any evidence of the presence of State or Federally
protected plant and/or animal species is discovered, the City of Zephyrhills and applicable
agencies shall be notified within two working days of the plant and/or animal species found
on the site. All work in the affected area shall come to an immediate stop until all pertinent
permits have been obtained, agency written authorization to commence activities has
been given, or unless compliance with state and federal guidelines can be demonstrated.
Open Space/Buffering
4. The developer(s) shall create a mandatory homeowners'/property owners'/condominium
owners'/merchants' association(s) in the form of a nonprofit corporation(s) registered with
the State of Florida, Secretary of State, or, if approved, by the City of Zephyrhills City
Council, a Community Development District (CDD). This association(s) or District shall,
taken collectively, encompass the entire boundaries of the PUD except for any real
property to be conveyed to the County or the District School Board of Pasco County
(School Board) — if applicable. The developer(s) shall convey in fee simple to the
association(s) or the CDD, for ownership and maintenance, any open space, drainage
areas, common areas, landscape areas, wetland areas, buffer areas,
preservation/conservation areas, and other special purpose areas unless the said area(s)
is/are required to be dedicated to another governmental entity. All such conveyances shall
be for a value that does not exceed the fair market value of the land. Prior to platting the
first unit or phase, homeowners'/property owners'/condominium owners'/merchants'
association or CDD documents, including Articles of Incorporation with proof of being filed
with the State of Florida, Secretary of State, restrictive covenants, and all exhibits shall be
submitted to the Planning Department for review along with copies of instruments to be
used to convey in fee simple the above-mentioned areas to the said association or the
CDD. Impact fee credits for improvements or dedications shall go to the association or
the CDD that funded such improvements as applicable.
Transportation/Circulation
5. The determination of the specific traffic control at the project site driveway connection at
Chancey Road (Chancey Road & Copeland Drive) will be made during the permitting
process. If a signal is proposed at the driveway connection, a signal warrant analysis
would need to be reviewed by Pasco County.
6. Tum lane analyses at the project driveway will be conducted during the permitting process
7. An operational analysis of the intersection of Chancey Road & SR 39 will be conducted
during the permitting process.
8. The Applicant will not provide additional driveways along Chancey Road for the
development other than the existing driveway at Chancey Road & Copeland Drive unless
otherwise approved by Pasco County.
9. The traffic study submitted by the applicant assumes a maximum of 100,000 square feet
of retail. Subject to land use exchanges permitted by a land use equivalency matrix that
has been approved by the Planning Department, any development of land use(s) that
generate(s) greater traffic impacts than those assumed shall require an updated Traffic
Study utilizing a methodology approved by the City.
10. Applicant/developer shall install a 10' wide multi -use trail along the south side of Chancey
Road for the portion of such road that is adjacent to the subject development. Such trail
Page 1 of 4
OR BK 10299 PG 1190 Page 6 of 8
shall be built in phases as part of the development of each phase of the project. If there
is insufficient space for the construction of the trail within the right-of-way (after accounting
for the proposed thru lanes, turn lanes and other improvements in the right-of-way), such
trail may be located, in whole or in part, within the landscape buffer along Chancey Road
for the project, provided that an easement is given to the City for the use of the multi -use
path by the public prior to the issuance of a certificate of occupancy for the applicable
phase of development.
Design/Construction Specifications
11. If, during construction activities, any evidence of historic resources including, but not
limited to, aboriginal or historic pottery, prehistoric stone tools, bone or shell tools, historic
trash pits, or historic building foundation, are discovered, work shall come to an immediate
stop, and the Florida Department of Historic Resources (State Historic Preservation
Officer) and the City of Zephyrhills shall be notified within two working days of the
resources found on the site.
12. As provided in Chapter 190, Florida Statutes, and subject to the City's separate approval,
the CDD is hereby authorized to undertake the funding and construction of any of the
projects, whether within or outside the boundaries of the CDD that are identified within this
rezoning approval. Further, any obligations of the developer contained in this approval
may be assigned to a CDD, homeowners'/property owners' association, or other entity
approved by the County. However, such CDD shall not be authorized to levy assessments
on any property either owned or to be owned by the City or School Board (Public
Properties) that are located within the boundary of the CDD. All applicable documents
pertaining to the undertaking of funding and construction by the CDD shall reflect the
following:
a. Public Properties shall not be considered benefited properties and shall not be
assessed by the CDD.
b. No debt or obligation of such CDD shall constitute a burden on any Public Property.
Utilities/Water Service/Wastewater Disposal
13. Utility plans for the entire development shall be submitted to the Utilities Department for
review and approval prior to or concurrent with submittal of the construction plans. This
utility plan shall show, at a minimum, the following:
a. Trunk sewer lines and lift stations.
b. Main potable water lines and non -potable water lines, if applicable.
C. Sewage treatment facility locations, including discussion of the proposed method
of treatment and the feasibility of a non -potable water system for irrigation.
d. The Utility plans shall include AutoCAD and PDF electronic files and hydraulic
analysis for the water, wastewater, and reclaimed water systems within the
proposed development.
14. The developer(s) shall construct all water and wastewater facilities within the development
to current City standards. A complete set of standards may be obtained from the Utilities
Department.
Land Use
15. The permitted primary uses include the office, light industrial and commercial/retail uses
set forth below.
A. Permitted primary office uses shall include, without limitation:
1. corporate offices
2. government offices/services
3. employment agencies
4. technical and vocational schools
5. insurance companies
6. medical/dental services (such as medical/dental clinics or offices)
Page 2 of 4
OR BK 10299 PG 1191 Page 7 of 8
EXHIBIT 99C33
7. social assistance and charitable organizations
B. Permitted primary light industrial uses shall include:
1. flex space
2. light manufacturing
3. assembly
4. wholesale
5. distribution
6. breweries and distilleries
7. cargo services
8. carpet and flooring
9. construction/service/trade offices
10. drug/medication processing
11. fabrication/welding
12. food processing/distribution
13. freight transportation
14. greenhouse/indoor farms
15. laboratory testing
16. machinery supplies
17. material handling/storage
18. medical suppliers
19. paint booths
20. publishing and printing services
21. technological services
22. trucking companies
Within the light industrial uses, self/storage, outdoor storage (as a primary use), vehicle
manufacturing, towing services and ready -mix concrete plants are not permitted uses.
C. Permitted primary commercial/retail uses shall include:
1. animal kennel (kennels must be indoors but outdoor dog runs are permitted)
2. animal/pet care services
3. bike shop
4. hardware stores
5. hotel/motel
6. equipment sales/rental
7. equipment service/repair
8. mailing services
9. parts and accessory sales
10. pool stores
11. veterinary clinics/hospitals
12. emergency clinics/rooms
13. after-hours medical clinics
14. gasoline stations/convenience stores
15. general retail sales
16. shopping centers
17. financial services (bank)
18. restaurants (including, without limitation, full service, fast casual and
neighborhood caf6s)
19. beauty/barber shops
20. laundromats
21. dry cleaners
22. pharmacy/drug stores
23. personal services and fitness centers (to include indoor sports)
Within the commercial/retail uses, auction houses, flea markets, RV/boat storage and
vehicle rentals are not permitted uses.
16. Commercial/retail uses within the project shall not exceed 100,000 square feet.
17. The dimensional standards shall in accordance with the C-2 zoning district, subject to
variances and other relief which may be subsequently approved by the City in accordance
with the City's Land Development Code.
Page 3 of 4
OR BK 10299 PG 1192 Page 8 of 8
EXHIBIT "C"
18. The maximum density or square footage set forth above is not a vested right and is subject
to reduction based on, or as a result of, applicable City ordinances and resolutions.
Procedures
19. All conditions of this PUD approval are material to the City Council approval. Accordingly,
the conditions are not severable. In the event any section, subsection, sentence, clause,
or provision of these conditions or the rezoning is challenged and declared illegal, invalid,
or in violation of any statutory or constitutional requirement by a body with jurisdiction to
make such determination, the remainder of the conditions and PUD approval shall be
suspended until such time that the City Council modifies the PUD conditions of approval
to address the illegal or invalid provision, provided that such suspension shall not exceed
nine months in duration. However, such determination shall not affect the validity of
1) PUD entitlements that have received plat, Building Permit, or CO approval; or 2) any
PUD mitigation committed to or performed as of the date the determination is made, unless
such approvals or mitigation are specifically declared to be illegal, invalid, or
unenforceable. Requests for City Council -approved modifications to the PUD or the PUD
conditions of approval shall not be considered challenges and decisions by the City
Council regarding any modification or the like shall not have the effect of suspending the
conditions and the PUD approval under any circumstances.
Page 4 of 4